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Law.Hut
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my 16 year old son has just been caught breaking into cars.

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my 16 year old son has just been caught breaking into cars. the arresting officer said he is the only one that has been very polite and not lied. he has never been in trouble before. we told them we would like to be called before the interview takes place/ we have been to see him and we are waiting for the staff sargent to call us back. hes been at the police station since 3;30am. what advice can you give us
Hello:

They can fingerprint him and take his picture, yes. That is allowed pursuant to federal law.

He does not have to give any interview or answer any questions of the police. He of course has the right to remain silent. So when you meet him you can tell him that if you wish. He is not required to give a statement to the police. There is usually no point to doing so, as it will only make prosecution of him easier, not defending the charge.

If he is to be charged, this is the type of offence where he would qualify for a diversion program. He would need to accept responsibility, and then he would be required to take part in a program that would focus on anti theft counselling. If he successfully completes that over a matter of several months, then the criminal charge would be dropped. So if he is charged, you can ask the prosecutor at the first court appearance about the possibility of his being referred to such a program.

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